Posted on Tuesday, March  16, 2004

Fisherfolk bemoan Leviste land deals

By Annie Ruth C. Sabangan and Ric R. Puod, Senior Reporters

(Second of a series)

IF it wasn’t an ambitious plan, townspeople of Nasugbu didn’t know how else to call it: a 14-kilometer bridge that would connect Fortune Island off the China Sea to the Ba­tangas mainland through Barangay Wawa in Nasugbu. “Gusto n’ya ’yung parang sa San Juanico Bridge,” explained Nasugbu Councilor Apolo Villafania, alluding to former Batangas governor Jose Antonio Leviste. 

Two years ago, Villafania recalled, Leviste pushed to have a resolution passed by the Sang­guniang Bayan within the day’s session for the bridge’s construction reaching all the way to the 27-hectare Fortune Island Resort Club (FIRC), whose corporate majority stocks are in Leviste’s name. 

Villafania alleged that Leviste persuaded the councilors to approve the project and that it had a ready funding from his wife, Sen. Loren Legarda, now a vice-presidential candidate of Fernando Poe Jr.

“Gusto n’ya for urgent matter. Dumating s’ya ng umaga, gusto n’ya isama sa last session ang approval ng Sangguniang Bayan. Pero tumutol kami. Sino naman ang makikinabang, eh di ba ang mga Leviste lang?” Villafania said in a recent interview.

Though no longer a politician, Leviste, who comes from a landed family in Batangas, remains an active and infuential figure in the province. Seeing his continuing influence in Nasugbu, people awed by his reputation and authority still call him “gob.” “Ah ’yung Fortune? Si gob ang may-ari nun, pati ’yung ibang mga isla dito,” says a resident of Barangay Wawa.

Perfect match

After failing to win in three elections—as second-term governor of Batangas in 1980, as congressman of the province’s Third District in 1987 and as senator in 1992, Leviste has concentrated on activities related to tourism and the environment.

He is cofounder of the Tourism Council of the Philippines, president of the Resort Association of the Philippines, head of the Philippine Retirement Authority, board member of the Philippine Ports Authority and chief executive officer of the Leviste Group of Companies, which is engaged in resort development and housing.

An avowed tree planter since childhood, Leviste also takes pride in having a forest ecosystem project in Batangas, which he started in the seventies when he became governor and chair of the program of the forest ecosystems management for Southern Tagalog. 

Tree planting has become a conjugal hobby, if not a preoccupation. Leviste and Legarda boast of having planted more than two million trees throughout the country through Luntiang Pilipinas, an environment foundation they set up in 1998.  

Teeming with greenery and tourist spots, Nasugbu—declared an ecotourism development area by Marcos under Presidential Proclamation 1520, and home to at least 10 scenic small islands—seems suited to Leviste’s interest in tourism and the environment.

Also appearing suitable to the city’s natural resources is Mayor Raymund Apacible’s vision for Nasugbu found on his website: seeing it as a “bustling city and a major industrial and tourism hub in the region” within 10 years, as well as developing Barangay Wawa’s fishing port “as an ecotourism center” which he hopes to pattern after Pier 39 in San Francisco.

Even the turtles hide

But not all the people in Nasugbu are as optimistic as their former governor and their incumbent mayor. Fear and anxiety prevail, especially among hundreds of poor people in the area eking out a living through fishing.

Fisherfolk at Sitios Ilog and Ibayo along Barangay Wawa’s Lico River sense a foreboding that Leviste’s activities and Apacible’s projects in Nasugbu would marginalize them even further.

At times they release their misgivings through “loaded” jokes and fish stories such as this: “Ala eh minsan, may dalawang pawikan [sea turtle] sa dagat na nag­kwentuhan. Biglang may nakita ’yung isang pawikan papalapit sa kanila. Biglang sinabi sa kasama nyang pawikan, ‘Bilis, lumubog tayo, nadyan na si gob, baka pati tayo mapatituluhan.’”  

The joke always evokes laughter among fisherfolk. But some of them would say in disgust: “Eh totoo naman, wala nang pina­lampas. Lahat ng isla pinatiti­tuluhan.”

Leviste’s alleged control of several islets in Nasugbu—Fortune Island, Pulong Calayo (Lorelei 1), Punta Fuego Point (Lorelei 2), Twin Island (Pulong Balaytigue), Isla Punta Buri, Isla Kutad and Pulong Mugiw—has affected the lives of fishermen.

“Paliit po ng paliit ang aming mundo. Hindi ka na basta makapamana ng isda sa mga islang ’yan. Papalapit ka pa lamang sa mga isla eh may nakaabang nang mga guwardiya,” said Alberto Inumerable, a 68-year-old barangay treasurer and president of the Wawa Neighborhood Association, in a recent interview.

“Wala na rin kaming mapag­pondohan ng mga bangka. Mas naging mapanganib nga po ang aming pangigisda. Wala kaming shade pag inabutan ng malakas na alon o bagyo. Pag kami nama’y nasiraan, di kami karaka-rakang makapagkumpuni ng bangka, dahil nga po pinagbabawalang nga pong kami’y tumigil doon.”

Although Leviste may have developed the small islands of the town and planted them with trees, many townsfolk disagree with his way of balancing nature and development. Though not fully aware of how ecotourism works—managed on a small scale and in environmentally friendly ways involving the community or the stakeholders—the townsfolk perceive that Leviste’s activities on  small islands exclude community participation. 

“Maaaring napapaganda nga ang mga isla, pero sino lang naman ang nakikinabang? Para na tuloy kaming nagiging iskwater sa sarili naming bayan. Dati’y nakakapag-picnic at nakapagpapahinga kami dyan sa mga isla. Ngayon, pang mayaman na. Kailangan kang magbayad ng P500 na entrance fee sa Fortune,” complained a female Wawa resident.  

And it isn’t only the sea that gets smaller for Wawa fishermen,  Inumerable said. The 2,063-square-meter strip of land along the Lico River gets smaller too for the 300 families who live there. The river has to be dredged for the municipal government’s comprehensive drainage system project. The residents might be forced to leave the land because dredging, according to the municipal government, may cause landslides within the residential area of Sitios Ilog and Ibayo, the place where Leviste’s FIRC office and marina (docked with at least three speedboats) are located.

A house without livelihood

Not all the 300 families, though, may be affected by the drainage project, according to Apacible. In a February 24 open forum with Ilog and Ibayo residents, the mayor assuaged their fears. “Kagaya ng sinabi ko naman sa inyo dati na kung lalabas ho doon sa totoong plano na hindi naman mahahagip ’yung inyong kabahayan, eh bakit pa ho namin kayo paaalisin?”

But for the families whose houses need to be demolished due to the project, Apacible said the government is ready to relocate them to another area within the barangay, but farther from the river.

Under a rent-to-own arrangement, Apacible said, the residents would be provided with housing through the assistance of the nongovernment organization Habitat for Humanity. Each house and lot that should be built by the would-be owner would cost P75,000—payable in 15 years, with a monthly amortization of P400.

Most of Ilog and Ibayo fisherfolk do not welcome the mayor’s proposal. They say that although they have been offered a relocation site, consequently, they would be stripped of their source of livelihood.

Apacible’s solution provoked more questions than answers: “Ang ikinabubuhay namin ay galing sa dagat. Kung ang aming titirha’y mapapalayo sa ilog papuntang dagat, eh paano pa kami maka­paghahanapbuhay?  Saan kami kukuha ng P400 na panghulog sa bahay? Saan kami magpopondo ng aming bangka? Ala’y bubuhatin ba namin ang bangka patungong ilog?” complained Aling Corazon.

For the people or for Leviste?

Ilog and Ibayo residents feel that Apacible is not being transparent about how the Lico River would be developed. They sense that the drainage project is just a first step to other projects that would eventually benefit their neighbor in Sitio Ilog—the owner of the FIRC office who they allege isn’t at all alarmed by the possible demolition of the houses in the area.

At last month’s open forum, Elmo Vasquez, vice president of the Wawa Neighborhood Association, urged the mayor to “disclose the names of those behind” the municipality’s project.

Vasquez told Apacible that he was informed by Barangay Wawa Captain Bartolome Familar that Leviste had allocated P330 million for the development of the Lico River into a marina yacht club. Vasquez also said that an employee of Tom Mulingbayan, one of the top real-estate developers in Nasugbu, disclosed that the real project is for the development of a first-class marina.

Inumerable had said the same thing. In a recent interview, he told The Times that sometime in 2003, a seminar  on cargo handling was held in White Cove Beach in Barangay Wawa. Without even his asking the barangay captain, Inumerable said Familar told him during the seminar: “Wala nang iba pang puwedeng magdevelop n’yan [Lico River] kundi si Leviste. May handa na ngang P330 million.”

Asked how Familar got such information, Inumerable replied: “Buddy-buddy nga po sila [Leviste]. Dahil lahat ng proyekto ay hingi sya ng hingi.”

During the early part of the dialogue Apacible said that if Leviste plans to have a project in Wawa, he had no knowledge about it. “Hindi n’ya ho sinasangguni  sa amin ’yon. Kung may pondo ho siya, hindi ko ho alam kung saan manggagaling ’yon.”

He explained that the funds that the municipality will borrow from the Japan Bank for International Cooperation that would be released through the Land Bank of the Philippines could be spent only for the drainage project and not for other things.

Then Vazquez asked about the marina project of Leviste, a board member of the Philippine Ports Authority (PPA). Apacible replied: “’Yung sa marina hong sinasabi na gagawin, ’yun ho’y hindi maga­gawa, dahil may pag-uusap pa. Hinahabol bo ng PPA itong port ng Nasugbu. Gusto nilang makuha ang port na ito at ’yung mag-ooperate ay ang PPA.”

A check with the Municipal Environment and Natural Resources Office (MENRO) shows that the project would really be for Nasugbu’s drainage system. MENRO head Mark Mulingbayan said the project would be done for the “hydraulic efficiency” of the town’s drainage system. He said that when the Lian River overflows during rainy season, areas in Nasugbu become inundated; thus there is a need to dredge the Lico River to accommodate the flow of water and prevent flooding.

Mulingbayan said the fund for the first phase of the 10-year project that would cost P112 million would come from the Japan Bank for International Cooperation.

Gateways

Despite such assurances from the government, Sitio Ilog residents, several of whom had worked for FIRC, remain unconvinced. They believe people in power are usually too scheming and wily to be transparent. They suspect that the Lico River, when developed into a marina, could be used by Leviste as a gateway to his islets.

“Kumbaga ay eyesore kami dito. Kami na lang ’yung natitirang hindi mala-palasyo ang mga bahay. Ang Sitios Ilog at Ibayo ay nasa gitna ng mga magagarang subdibisyon at resort dito. Kaya hindi kami bagay sa lugar, panturista kasi eh,” said Aling Mely.

A former caretaker who worked for Leviste claims he overheard the governor talking to another servant in the nineties, asking him when he would be able to drive away the residents of Sitio Ilog. The caretaker allegedly replied that it may not be possible now. “Kakaunti lang po tayo, marami sila, baka pasabugin nila ang mga speedboat sa Fortune,” the servant allegedly said. 

Villafania also doubts that the river project would be all for the drainage system. In an interview with The Times, the councilor said Leviste is indeed one of those behind the river project. “Hindi naman po puwedeng ilihim sa ating mga kababayan. Hindi naman puwedeng sisingaw ’yan na basta na lamang tutubo ng hindi pinag­paplanuhan.”

Residents say that it looks like the people at the FIRC office are too comfortable to be alarmed at the impending demolition of houses for the drainage project. “Sitting pretty sila. Parang di maaapektuhan,” said Mang Jose.  

Permit needed

With or without Leviste’s alleged participation, the Department of Environment and Natural Resources (DENR) says that the municipality cannot begin the drainage project without first getting authority from the DENR.

The drainage project, which would affect the 2,063-square-meter land along the river, is actually part of an accretion of public land that is under the jurisdiction of the DENR. In last week’s interview DENR Secretary Elisea Gozun pointed out that the Nasugbu government has to get a permit from the department. If proven that either the project is environmentally critical or the site (Lico River) itself is an environmentally critical area, the municipal government of Nasugbu would be required to submit to the DENR an environmental impact statement and an environmental compliance certificate (ECC). Otherwise, the project would be illegal.

It appears that the Lico River, which supports wildlife and fishery activities and has a mangrove area, is an environmentally critical area, according to the list provided under P.D. 1586, which established the environmental impact statement.

If the DENR will require the Nasugbu government to submit this statement, under the law Apacible would also be required to initiate a “formal scoping” before the submission of the impact statement. This, under DENR Administrative Order 96-37, is undertaken by the project proponent and the DENR and other stakeholders “in order to define the range of issues, actions, alternatives and impacts that should be included in the [environmental impact statement].”

Also, under the order, the project must pass the “community acceptability criteria” that “no serious complaints should be expected from neighboring establishments or facilities.”

DENR action

In 2000 the accretion’s ownership was contested by Roxas & Co. Inc. and the Wawa Neighborhood Association. Roxas applied for the land’s titling at Branch 14 of the Regional Trial Court of Nasugbu. The association, on the other hand, claimed prior rights to the land. It has lived in the area since 1951 and has had a miscellaneous sales application at the DENR for the land’s disposition since 1989.

In 2002 Regional Trial Court Judge Antonio A. de Sagun suspended the case, noting that the court was powerless to act on Roxas’s claim to a judicial title since the company’s survey plan, the basis for issuing a land title, was canceled by the DENR.

On June 25, 2001, Conrado V. Gulmatico, DENR Southern Tagalog assistant regional executive director, issued Cancellation Order 2001-049. He noted that the accretion is public land, “that there are occupants [and that] the matter of priority rights needs to be resolved by an administrative body.”

The proper way to acquire land in such a case, he said, is through a miscellaneous sales application and not through a private land survey (Psu). Roxas’s canceled Psu, according to Gulmatico, “should properly be placed in the name of the Republic of the Philippines.”

Gozun agreed that the way of disposition should be through miscellaneous sales application.

After the case’s suspension, the ball is now in the court of the DENR, which will determine the sales application of Ilog residents.

A bone of contention, however, keeps Ilog residents puzzled. A portion of the Ilog area occupied by the FIRC office has already been covered by a land title. It was earlier reported that the FIRC lot already had an original certificate title number, P-1249, based on free patent grant 2654—an allegation Leviste denied.

Residents say that if the FIRC lot is part of public land which remains under the DENR’s jurisdiction, whose rights were just bought by the company in the nineties from several Ilog residents and that its proper way of acquisition is through sales application, why does the property already have a title? “Mahirap makalaban ang maimpluwensya,” lamented Mang Lino of Sitio Ilog.

Part 1 |Part 3 |Part 4 |Conclusion |